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Barzilay v. Barzilay

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Submitted: January 13, 2010

Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.*fn1

Sagi Barzilay appeals from the district court’s*fn2 dismissal of his petition under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., and the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The petition claimed that Sagi’s former wife, Tamar, had wrongfully retained their three children in Missouri, where they had lived since 2001, and sought an order compelling their relocation to Israel. We remanded to the district court for its consideration of the merits of the petition in Barzilay v. Barzilay, 536 F.3d 844, 853 (8th Cir. 2008). The district court dismissed the petition after determining that the children’s country of “habitual residence” within the meaning of the Hague Convention was the United States and that their retention in Missouri was therefore not wrongful. Sagi timely appealed, and we affirm.

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